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Common Types of Product Liability Claims

October 26, 2015 · FLEMING | NOLEN | JEZ, L.L.P.

When a manufacturing company fails in their duty to provide a high quality, safe product, any consumer who has been harmed as a result may be able to take legal action. For instance, if there was a product that was not assembled properly, leaving sharp edges that results in a severe injury, the victim can hold the negligent manufacturer accountable.

As products are made, they must go through a rigorous process in order to ensure they are safe for the consumer. Due to strict deadlines and a focus on profits, some manufacturers bypass precautions in order to help their product reach the market sooner. This can be found as negligence in the form of a product liability claim. There are three types of product liability claims that may be available to injured consumers.

Manufacturing Defects

A manufacturing defect occurs during the assembly process. If something were to go wrong and a product is not checked properly, it could lead to significant harm to the consumer. One example of this would be a child’s toy that has small, loose parts. If the product breaks or a child chokes on a small part, it can be considered a manufacturing defect because the company did not properly inspect the product.

Design Defects

This occurs when companies design a product in a manner that is not safe for the consumer. There are a number of ways in which this can occur, such as the planned use of sharp edges or lead-based paint. Knowingly designing a product that can cause harm is grounds for a product liability case based on design defects.

Failure to Warn

While there are some items that can be considered unsafe regardless of how well they were designed or manufactured — such as blenders or weed eaters — if they do not have proper warnings of the hazards, it can be considered negligence. Any manufactured product that can cause harm should contain a warning label listing the possible hazards involved and the accurate directions on how to use said product.

Product liability cases are far too common and the injuries sustained can be devastating. Whether you or someone you love has been harmed due to a defective product, our national trial attorneys can help you take action. Fleming | Nolen | Jez, L.L.P. is a Houston-based law firm committed to helping injury-victims hold negligent manufacturers accountable for their actions when injuries occur. You may be able to seek compensation for medical expenses, lost wages, rehabilitation, and more.

Call us today for your free consultation.